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House | March 27, 2013 | Chamber | Session

The House will come to order. Members please take your seat. Visitors
please retire from the chamber. We will wait just another minute or two
to allow members to enter. Members and visitors in the gallery please
silence all cellular phones and personal electronic devices. Sergeant at
arms will close the doors. Prayer will be offered by representative
Trica Cothman. Members and visitors in the gallery please stand and
please remain standing for the pledge of intelligence. [SPEAKER
CHANGES]Good afternoon, this prayer is written by my colleague back in
Charlotte, Amanda Davis, who is a graduate of Charlotte Christian and
has a master's in Scripture and Theology from St. Mary's Divinity
School. I'm a little out of breath ??, lets pray. Heavenly God we thank
you for entrusting with us the responsibility of leading the people of
North Carolina. And we ask that you would restore within us the wisdom,
disernage, and integrity we need to serve them well. As we open the
session we ask that you would refresh up with hope, reinvigorate us with
endurance, and renew us with vision. Unify us Lord in purpose and grant
us the courage to become leaders who act justly, love mercifully, and
walk humbly. Teach us how to defend the weak, maintain the rights of the
poor, and proclaim liberty for the oppressed, until every woman, child,
and man has the opportunity to realize his or her full potential for
freedom. Open our eyes to see your image and those we serve as well as
in each other. Today we honor the faithfulness and protection you have
afforded to our state by praying as you taught us, Our Father who art in
heaven, hallowed be thy Name, thy kingdom come, thy will be done, on
earth as it is in heaven. Give us this day our daily bread. and forgive
us our trespasses, as we forgive those who trespass against us. And lead
us not into temptation but deliver us from evil. For thine is the
kingdom, and the power, and the glory, for ever and ever. Amen.[SPEAKER
CHANGE] I pledge allegiance to the Flag of the United States of America,
and to the Republic for which it stands, one Nation under God,
indivisible, with liberty and justice for all. Representative ??
recognized, [SPEAKER CHANGE] mister speaker the journal for Tuesday,
March 26th, 2013 is being examined and found to be correct. The ?? to be
written. [SPEAKER CHANGE] Representative ?? said the journal for
Tuesday, March 26th, 2013 be approved, all of those in favor say I.
[SPEAKER CHANGE] I. [SPEAKER CHANGE] All opposed say no. The I's have
it, the journal is approved as written. Petitions, memorials, papers
addressed to the general assembly of the house, ratification of bills
and resolutions to ??. [SPEAKER CHANGE]The rolling clerk parts falling
building ?? company ?? 45 and active man laws governing in capacity to
proceed. [SPEAKER CHANGE] active bills will be noted. Reports of
standing committees and permanent subcommittees representative a ?? is
recognized a ?? committee report the clerk will read. [SPEAKER CHANGE]
Representative ?? conflict and commerce job development subcommittee on
biotechnology and health care, house bill 194 allow PAVE certification
veterinary license favorable. [SPEAKER CHANGE] ?? [SPEAKER CHANGE] House
bill 292 established music therapy practice act favorable and referred
see referral to regulatory reform. [SPEAKER CHANGE] They will be
re-referred to the committee on regulatory reform. Representative Lewis
and Moore recognized and forth committee report the clerk will read.
[SPEAKER CHANGE] Representative Lewis and Moore, house elections
committee, house bill 297 matching funds repeal, favorable. [SPEAKER
CHANGE]??. Representatives Johnston and Langdon are recognized ??
committee report the clerk will read. [SPEAKER CHANGE] Representative
Johnston and Langdon education committee house joint resolution 21 joint
section state board of education confirmation, favorable

favorable as to Committee Substitute, unfavorable as to the original
bill.
[SPEAKER CHANGES].
Committee Substitute bill calendared, original bill unfavorable,
calendared.
[SPEAKER CHANGES].
House Bill 146, Back to Basics. Favorable and re-referred to
Appropriations.
[SPEAKER CHANGES].
146 will be re-referred to the Committee on Appropriations.
[SPEAKER CHANGES].
House Bill 317. Favorable as to the Committee Substitute, unfavorable as
to the original bill and re-referred, serial referral to Appropriations.
[SPEAKER CHANGES].
The Committee Substitute bill will be re-referred to the Committee on
Appropriations, original bill unfavorable, calendared.
Representatives Brawley and Iler are recognized to send forth Committee
Report. The clerk will read.
[SPEAKER CHANGES].
Representatives Brawley and Iler, Transportation Committee. House Bill
211, Weight Limits, Animal Feed Trucks. Favorable and serial referral to
Agriculture.
[SPEAKER CHANGES].
The bill will be re-referred to the Committee on Agriculture.
[SPEAKER CHANGES].
House Bill 109, Require Safety Helmets, 18 and Under. Favorable as to
the Committee Substitute, unfavorable as to the original bill and serial
referral to the Judiciary Subcommittee B.
[SPEAKER CHANGES].
The Committee Substitute bill will be re-referred to the Committee on
Judiciary Subcommittee B, original bill unfavorable, calendared.
Representative Hollo and Jones are recognized to send forth Committee
Report. The clerk will read.
[SPEAKER CHANGES].
Representatives Hollo and Jones, Health and Human Services Committee.
House Bill 285, Amend Respiratory Care Practice Act. Favorable as to the
Committee Substitute, unfavorable as to the original bill.
[SPEAKER CHANGES].
Committee Substitute bill calendared, original bill unfavorable,
calendared.
Representative Daughtry is recognized to send forth Committee Report.
The clerk will read.
[SPEAKER CHANGES].
Representative Daughtry for Judiciary Committee. House Bill 247, Freedom
to Negotiate Healthcare Rates. Favorable as to the Committee Substitute,
unfavorable as to the original bill.
[SPEAKER CHANGES].
Committee Substitute calendared, original bill unfavorable, calendared.
Representatives William Brawley is recognized to send forth Committee
Report. The clerk will read.
[SPEAKER CHANGES].
Representative William Brawley, Directive Chair, Regulatory Reform
Subcommittee on Local Government. House Bill 195, Cornelius Extend Use
Design Build. Report to the floor of the House.
[SPEAKER CHANGES].
Calendared.
House Bill 223, the clerk will read. Strike.
Representative Tom Murry is recognized to send forth Committee Report.
The clerk will read.
[SPEAKER CHANGES].
Representative Murry, Chair for the Regulatory Reform Subcommittee on
Business and Labor. House Bill 223, Electric Membership Corp, Member
Control. Report to the floor of the House.
[SPEAKER CHANGES].
Calendared.
House Bill 301, Clarifying Changes, Engineer, Surveyor Laws. Favorable
and re-referred serially to Finance.
[SPEAKER CHANGES].
House Bill 301 will be re-referred to the Committee on Finance.
Representative Tom Murry is recognized to send forth Committee Report.
The clerk will read.
[SPEAKER CHANGES].
Representative Murry, Chair for the Commerce and Job Development
Committee. House Bill 298, Affordable and Reliable Energy Act. Signed to
the Subcommittee on Energy and Emerging Markets.
[SPEAKER CHANGES].
Noted.
Ladies and gentleman of the House, today is Town Hall Day. Today is Town
Hall Day, and there are several members who have asked for the
courtesies of the gallery to various towns. The Chair thinks it may be
more appropriate to make sure that all of the elected officials, mayors,
councilmen, commissioners that are serving our great state in cities
across the state that we want to extend a warm welcome and the
courtesies of the gallery. We want to thank you for your service and all
the hard work that you do in your communities, but I'd also like to
extend a welcome and thank you to the town staff who has joined us as
well. If you're a part of that group, please stand and let us welcome
you.
Introductions of Bills and Resolutions. The clerk will read.
[SPEAKER CHANGES].
Representative Brody, House Bill 421, Marshville Deannexation.
[SPEAKER CHANGES].
Government, if favorable the clerk will yield.
Ladies and gentleman of the House, the Chair is also happy to extend the
courtesies of the gallery to students, parents, and teachers from Carter
G. Woodson's School of Challenge in Winston-Salem

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government in favorable finance ladies and gentlemen of the house Ive
just been advised that the house will come to order Ive just be advised
by the banking committee chair that there is not a need for a meeting at
noon Ive asked for the rules chair to consult with other members to see
if there are any other prior commitments that a member would prefer that
we stay with the one o'clock if you have a conflict or would prefer to
stay at one o'clock please consult with representative Moore during the
course of the session.
[SPEAKER CHANGES]
upon motion of Representative queen from Haywood Jackson and swayne
county the chair is happy to extend courtesy's of the gallery to Zack
Howard a political science student from western Carolina university Zack
if your in the chamber please stand and let us welcome you.
[SPEAKER CHANGES]
calendar. house resolution 47 the coral reef.
[SPEAKER CHANGES]
house resolution 47 a resolution honoring the founders of the town of
Conway
[SPEAKER CHANGES]
representative ray please state your purpose
[SPEAKER CHANGES]
to speak on the resolution
[SPEAKER CHANGES]
?? to debate the resolution the house will come to order
[SPEAKER CHANGES]
thank you Mr speaker, thank you Mr speaker and ladies and gentlemen of
the house would a clerk read it in its entirety please
[SPEAKER CHANGES]
the clerk will read it
[SPEAKER CHANGES]
a house resolution honoring the founders of the town of Conway whereas
the town of Conway and east north Hampton county was settled around 1835
and whereas the area was first know as martin crossroads and then as
Kirby and whereas in 1888 a small depot was built in the area named
Conway in honor of the wife of the officer of the railroad and whereas
in the late 1880's the residents of Conway petitioned the government to
establish a post office in the area whereas the town of Conway was
incorporated by an act of the general assembly in 1913 and whereas the
towns first officers included mayor J. E. Taylor, constable J.B Garris,
and commissioners abner lassider, W.D. Bridges, R.T. White, J.O. Fife,
and D.C. Bridges. Whereas Conway has always been primarily an
agricultural community producing such crops as peanuts, cotton, corn,
and soy beans. and whereas Conways citizens are very proud of their
heritage and small town friendly atmosphere, and whereas Conway has
continued to prosper through the continued dedicated insight and
planning of the towns leaders and citizens, and whereas 2013 marks the
100th anniversary of the town of Conway an occasion worthy of
celebration by all north carolinians now there for it resolved by the
house of representatives. section 1 the house of representative honors
the founders of Conway and joins the towns citizens in recognizing the
towns 100th anniversary. section 2 the principal clerk shall transmit a
certified copy of the resolution to the mayor of the town of Conway.
Section 3 this resolution is effective upon adoption.
[SPEAKER CHANGES]
representative ray is recognized to debate the resolution
[SPEAKER CHANGES]
Thank you Mr. speaker. and ladies and gentlemen of the house. its an
honor and privilege too to honor the town of Conway on the 100th
anniversary. We're a small county, but we have some big hearted people.
The town of Conway is located in north Hampton county,and can be traced
back to the 1700's. It was known as Kirby township. The name Kirby is
derived from Thomas Kirby Sr. who received a Patton for 1200 acres.
Conway was actually settled around 1835, and was known as martin
crossroads. a deed in north Hampton county court house records purchase
of land by john martin in 1742. The year 1888 brought a railroad to
martin cross roads. a small depot was built and the conductor of the
train decided that the depot should be called Conway. In the name of a
relative of a chief railroad official. In rural north Carolina that's
how a lot of names were just picked out of the air the town I live in
used to be called camp store, and now its called the town of gaston, but
again its the history and the heritage of our small rural parts of north
Carolina. the ?? was petitioned that a.

Peace office be called Conway thus became the Town of Conway. Conway was
incorporated in 1913. They are an agricultural community and they’re the
main hub to North, Northhampton County. The agriculture, the primary
crops are peanuts, cotton, corn, and soy beans. And they’re largest
employer is Georgia Pacific and they are very vital to that community
and they give back. The town is proud to have its own drugstore and
doctor’s office. Some of the people and members here that are from the
urban areas that’s a, that's a no brainer for you. But somebody from
Eastern North Carolina to have those vital parts to our community is
very, very important. But what really makes Conway an excellent town to
live is its people, a place where people care about others because they
have a population of 760 people. So everybody pretty much knows
everybody. So again thank you, Mr. Speaker, Members of the House. It’s
an honor and privilege to honor the Town of Conway on an 100th
anniversary.
[SPEAKER CHANGES]
Further discussion, further debate? If not. The question before the
House is the adoption of House Resolution 47. All those in favor will
vote aye. All those opposed vote no. The clerk will open the vote. All
members wishing to record please do so at this time. Representatives
touche`. The clerk will clock machine record the vote. 119 having voted
affirmative and none in the negative. House Resolution 47 has been
adopted, will be ordered printed. Representative Wright are the
officials from Conway here today?
[SPEAKER CHANGES]
Yes sir. They are supposed to be here and my assistant was supposed to
given you the names. But.
[SPEAKER CHANGES]
The Chair is happy extend the courtesies of the gallery to any elected
officials and citizens from the Town of Conway, please stand and let us
welcome you. House Resolution 206, the clerk will read.
[SPEAKER CHANGES]
House Resolution 206, House Resolution honoring the memory of United
States Senator Key Pittman and Representative Absalom Willis Robertson
while commemorating the 75th anniversary of the Wildlife in Sports Sport
Fish Restoration Programs the House resolves.
[SPEAKER CHANGES]
Representative Moffitt, please state your purpose.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. If you could have the clerk read the resolution
in its entirety.
[SPEAKER CHANGES]
The clerk will read.
[SPEAKER CHANGES]
Whereas more than a century ago, hunters, anglers,and trappers were
among the first conservationists who realized America’s natural
resources were in peril and could not sustain unregulated harvest and
habitat destruction. And whereas hunters, anglers, and trappers took it
upon themselves to support laws that stopped excessive harvest of fish
and wildlife and established game and fish agencies to protect fish,
wildlife in their habitats and supported special fishing and hunting
license fees to help fund the new agencies efforts to provide for
healthy natural resources for future generations. And whereas the
Members of the House of Representative then and now recognize the
primary authority to protect and manage fish and resident wildlife
within their borders resides in the State fish and wildlife agencies.
And whereas upon realizing that license fees alone were insufficient to
restore and sustain healthy fish and wildlife populations, hunters,
anglers and trappers supported excised taxes on firearms, ammunition,
archery equipment, hunting equipment, and fishing equipment to raise
additional funds to support restoration and enhancement efforts of the
state agencies. And whereas this user pay public benefit system became
known as the Wildlife and Sports Fish Restoration Program that began 75
years ago with the passage of the Federal Aid to Wildlife Restoration
Act in 1937, which was known as the Pittman Robinson Act after its
principle sponsors Senator Key Pittman of Nevada and Representative
Absalom Willis Robinson of Virginia. Whereas Pittman Robinson Act was
then fostered with the passage of the Federal Aid on Sports Fish
Restoration Act in 1950 and further expanded with the Wallop=Breaux
Amendment in the Sports Fish Restoration Act.

1984, and whereas the combined contribution of wildlife and sport
fishing restoration programs to state fish and wildlife agencies exceeds
$13,000,000,000 since 1939, the first year that money was distributed
into the states, more than any other single conservation effort in
American history, which constitutes collectively the American System of
conservation funding. And whereas, the manufacturers of firearms,
ammunition, hunting, fishing, boating equipment have collected excise
taxes on firearms, ammunition, archery equipment manufactured fishing
tackle, electric trolling motors, marine electronics and motor boat fuel
and distributed these funds to states through the United States fish and
wildlife service, and whereas the manufacturers of firearms, ammunition,
hunting, fishing and boating equipment have supported the wildlife and
sportfishing restoration programs, and continue to exhibit a spirit of
cooperation with the state fish and wildlife agencies, and whereas the
cooperative partnership between industry, hunters, anglers, trappers,
boaters, recreational shooters, United States fish and wildlife service
and state natural resources agency has resulted in the most successful
model of fish and wildlife management in the world, restoring
populations from coast to coast in Alaska and in Hawaii. Now therefore,
be resolved by the house of representatives, section one, the house of
representatives honors the memory of United States senator Key Pittman,
of Nevada, and representative Absalom Williams Robertson of Virginia,
and expresses its appreciation for the public service they rendered.
Section two. The house of representatives recognizes America's hunters,
anglers, trappers, boaters, recreational shooters, industry state fish
and wildlife agencies, and United States fish and wildlife service for
their leading role in restoring healthy populations of fish, wildlife
and other natural resources, both game and non game, to the abundance we
see today through the wildlife exports, fish restoration programs in
this, the 75th anniversary year of America's greatest conservation
story, supported by the American System of conservation funding.
Section three. The principal clerk shall transmit a certified copies of
this resolution to the North Carolina department of environment and
natural resources, and to North Carolina's congressional delegation.
Section four. This resolution is effective upon adoption.
[SPEAKER CHANGES]
?? is recognized to debate the resolution.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. Members of the body, a little over two years
ago, when I was fortunate enough to be elected to the general assembly,
I was walking around the building on the first floor here, trying to
find my office, much like Leo Daughtry mentioned when we recognized the
50th anniversary this building some time ago. And, while I was looking
for my office, a senior member of the body ask me if I hunted or I
fished. I said, well I fish. And he said, congratulations, you're now
the house chair of the sportsmen's caucus. So be careful the questions
that you ask, because you're not exactly sure what the outcome of that's
going to be. Having been a lifelong fishermen, and also the father of
three sons, I can tell you that hunting and fishing are woven into the
DNA of not only my family, but just about every citizen of our great
state. In 2011 alone, the hunting and angling and trapping sports
contributed over $2.3 billion to our state's economy. That's equivalent
to $6.3 million per day, wages of $1.2 billion, Federal taxes of
280,000,000, state and local taxes of 249,000,000, for an overall $3.7
billion contribution to our economy. So on behalf of the congressional
sportsmen's foundation, the national assembly of sportsmen's caucus is,
the North Carolina sportsmen's caucus, the North Carolina wildlife
commission, as well as nearly two million hunters, anglers and trappers
in our state, I commend the resolution to you.
[SPEAKER CHANGES]
Further discussion, further debate? Representative Pittman, please
state your purpose.
[SPEAKER CHANGES]
To speak to the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the resolution.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. My seatmate ask me a minute ago was this
Senator Pittman kin to me. And I don't know for sure, but considering I
had an ancestor whose will was probated in Virginia in 1683, it's very
possible. And I know at least we were kindred spirits. As somebody
who'd rather be in a deer stand or a duck blime when the sun comes

...up then to eat when I'm hungry. I just very much appreciate the good
work that's been done by this act and I appreciate the opportunity to
vote on honoring it today. Thank you.
[SPEAKER CHANGES] Further discussion, further debate? It not, the
question before the House is the adoption of House Resolution 206. All
in favor vote aye, all opposed vote no. The clerk will open the vote.
The clerk will lock the machine and record the vote. One hundred and
nineteen having voted in the affirmative and none in the negative, House
Resolution 206 has been adopted and will be ordered printed.
House Resolution 342, the clerk will read.
[SPEAKER CHANGES] House Resolution 342, a House resolution honoring the
City of Winston-Salem upon its Centennial. The House Resolves.
[SPEAKER CHANGES] Ladies and gentlemen of the House, before we proceed
to what the Chair anticipates as a reading of the resolution, upon
motion of the Representative from Cabarrus County, Representatives
Pittman, Linda Johnson and Carl Ford, the Chair is happy to extend the
courtesies of the gallery to Dr. Al Fleming, President of Woodson
University in Concord, North Carolina. Dr. Fleming, if you're in the
Chamber please stand and let us welcome you.
[applause]
[SPEAKER CHANGES] Sorry, Mr. Speaker. He had left and I didn't realize
it.
[SPEAKER CHANGES] Representative Lambeth, please state your purpose.
[SPEAKER CHANGES] Debate the resolution.
[SPEAKER CHANGES] The gentleman is recognized to debate the resolution.
Does the gentleman wish the resolution to be read?
[SPEAKER CHANGES] Yes, sir.
[SPEAKER CHANGES] The clerk will read.
[SPEAKER CHANGES] Whereas the town of Salem, who was established in 1766
by members of the Moravian Church to administer their colony in North
Carolina called Wachovia and the town became an important center for
business and commerce in Northwest North Carolina and was incorporated
by the Act of the North Carolina General Assembly in 1857. Whereas the
town of Winston was established immediate north of Salem to serve as the
county seat upon the formation of Forsythe County in 1849, was
incorporated by Act of the North Carolina General Assembly in 1859, and
experienced remarkable growth during the latter half of the 19th
century. And Whereas, following decades of cooperation in civic affairs,
the citizens of Winston and Salem voted to consolidate their municipal
governments as the City of Winston-Salem by an Act of the North Carolina
General Assembly, this consolidation took effect May 9th, 1913. And
Whereas, the new town was led by Mayor Oscar B. Eaton and Aldermen E.D.
Vaughn, C.M. Teen, G.E. Webb, P.S. Bailey, N.D. Dowdy, G.W. Edwards,
H.F. Chaffner, and F.A. Foil, and has since been led by a succession of
able elected officials. And Whereas, Winston-Salem was North Carolina's
leading city during the 1920's and gave rise to such national
corporations as R.J. Reynolds Tobacco Company, Wachovia Bank and Trust
Company, Hanes Knitting, Hanes Dye and Finishing, and Piedmont Airlines.
And Whereas, Winston-Salem served as a model for other cities during the
civil rights era by establishing the North Carolina's first integrated
fire house in 1951, peacefully desegregating the schools in 1957 and
providing the first North Carolina victory of the sit-in movement in
1960. And Whereas, Winston-Salem has long been nationally recognized for
leadership in the arts, having established the nation's first arts
council in 1949. And service as home to the University of North Carolina
School of the Arts, which was the nation's first State supported arts
conservatory. And Whereas, Winston-Salem is known as the city of the
arts and innovation and is home to numerous performing arts
organizations, as well as the National Black Theater Festival, the
Southeast Center for Contemporary Arts, Renola House Museum of American
Art, the Museum of Early Southern Decorative Arts, Old Salem Museum and
Gardens, the River Run International Film Festival, Digg's Gallery at
Winston-Salem State University and Delta Fine Arts Center. And Whereas,
Winston-Salem's civic leaders aggressively met the challenge...

...of a changing local economy in the 1990's by rebuilding the economy
on knowledge based industries including establishing the Piedmont Triad
Research Park in order to augment the city's traditional economic base
with technology, medicine and finance. And Whereas, the City of
Winston-Salem has been recognized as one of America's top 10 digital
cities for 11 years in a row, is listed as one of America's 10 most
livable cities by the Partners for Livable Cities, one of America's 50
best cities by Newsweek, one of America's best downtown by Forbes, a top
10 place to retire by CBS, a top 25 location for biotechnology by
Business Facilities, and has been cited 22 other times in the past 10
years for the favorable business climate, quality of life, cost of
living and other measures. And Whereas, 2013 marks the 100th anniversary
of the consolidation of Winston and Salem, an occasion worthy of
celebration by all North Carolineans. Now Therefore, be it resolved by
the House of Representatives, Section 1, the House of Representatives
honors the early leaders of Winston-Salem and joins with the citizens of
Winston-Salem in celebrating the city's 100th anniversary. Section 2,
the principal clerk shall transmit a certified copy of the resolution to
the Mayor of the City of Winston-Salem. Section 3, this resolution is
effective upon adoption.
[SPEAKER CHANGES] Representative Lambeth is recognized to debate the
resolution.
[SPEAKER CHANGES] Thank you. North Carolina is knitted together from our
many small towns to our large, urban cities. From our mountains to our
coast. This is what makes North Carolina great. One hundred years ago,
the leaders from two prominent industrial towns, Winston and the town of
Salem came together and through their visionary leadership formed a new
innovative and vibrant city, Winston-Salem. Winston-Salem thrived in the
20's as home to national corporations such as R.J. Reynolds, Wachovia
Bank, Hanes and Piedmont Airlines. Winston-Salem grew as a leader in
education with seven institutions of higher learning. As time has gone
by, Winston-Salem has grown into a leader in healthcare, medical
research and biotechnology. Winston-Salem is widely recognized as a
leader in the arts with numerous museums, galleries and festivals, while
establishing the nation's first arts council. Winston-Salem was
recognized as one of America's top 10 digital cities, most livable
cities, places to retire, and a top 25 location for biotechnology.
Winston-Salem blends a diverse community with its Moravian heritage to
form a great place to work and live. Thanks to the leadership of capable
elected officials today and in the past. As a token of appreciation for
the work of this House, the leadership of the city debated on whether
they should bring Crispy Creme donuts or Dewey's sugar cookies. And I
hope you recognize and have received by now your Dewey's cookies as a
token of appreciation for all your efforts for what you're doing for the
State of North Carolina. I commend the resolution for your approval.
[SPEAKER CHANGES] Representative Lambeth, I think the Chair and many
members have a point of order. Where are the cookies?
[laughter]
[SPEAKER CHANGES] Mr. Speaker?
[SPEAKER CHANGES] Senator Brawley, please state your purpose.
[SPEAKER CHANGES] If I may offer the body a point of information.
They're on a table right next to the coffee and when you go to get your
cup of coffee you will be able to get a nice can of cookies and having
already opened them I will testify to the quality of these cookies.
Thank you, Mr. Speaker.
[SPEAKER CHANGES] The Chair understands you have had two cans already.
Representative Terry, please state your purpose.
[SPEAKER CHANGES] Speak to the resolution.
[SPEAKER CHANGES] The lady is recognized to debate the resolution.
[SPEAKER CHANGES] Thank you, very much, Mr. Speaker. As you have heard,
we are celebrating Winston-Salem's centennial and I stand before you as
a proud member of the Winston-Salem's Centennial Commission. And
everything that the resolution says is true. It's wonderful. We are
very, very proud of our city. But I stand here as one of the persons who
has been spoken of in the resolution in lines 20 and 21. Back in 1951,
Winston-Salem proudly boasted to hire African-American firefighters and
one of...

does happen to be that there's not time, people refinances that I'd see
what he was named range jets Michael Barrett that the house of AIDS and
your intake for some time it's a prominent-row inmate made, as breeds
health operates back, R.J. Reynolds yields time literally, here is the
sound back to the fact that we're not a range of steel, rice and
feedback would help us all at the bounds of fat, fat time and whatnot is
that you also has a regular, David, and all three would not have to redo
a time when two men running back, and the admin raised by the rate you
can't time, and Gary and making not only had seized on a training all
people and ideas commitment to hang up with a season that the hottest
acts in time and have you person pays PlayStation purpose because I'm
the president has a list of fliers 81 record per hour on and off the
stage you're off as a member of one reduce spam is on dry land in one of
the based on the arc over the years of related activity from education's
new window on a ??, daughter and use wasn't beating or be the year is on
a desktop line-item one day last year with . The army have a great Mayor
Tom: but if I was in the time of the rowdies in Oaxaca-stealing the
primary countries and the ladies-cleaned up, and read person start play
station purpose in ?? in his life and other has made with the state a
center is a offer outdated, as was time I was warned of a catered events
of the half minutes left in this live and processing president ?? not a
question for the houses because it does resolution three points in
alderman the whole President Clinton ?? ?? if you on an 18-minute, it
has risen to 3.6 and I are the owners and raised a housing shares at a
Cincinnati currencies the galleries and the like is the house announces
it from once the sound on Tehran. Jane replace it was long time if time
was in orders in partly a Physician for 19 of Physician on until
accidentally or shot of all things around 130 Thailand’s history of the
house for SMS residents PlayStation purpose times and has been in the
east side are only when has been expressed about commemorates the fosses
troubles and accomplishments of women throughout the history of time and
states and plants in 1981, is enacted, behind seven and 28 times the
president to reclaim the week beginning March 7, 1982 as win the Stanley
and play has since 1987, suspense of the solution that has a gain of the
time of his hands-on and play has been a replay is class in the
background and made competitions in all facets on how to live economy,
business education ball suspects and daughters and when some of the line
is the nation's history makers including buyouts and the question of the
daytime, live with the United States present ; the region by top of the
states of the man he may have some times of ??................

it's stoppered the first one to graduate from the University of North
Carolina, Doctor Susan Dimock, the first female member of the North
Carolina medical Society. L read that Alexander Ralston, the state 's
first female African-American district court judge will it be the
player, the first African-American wall and served as president of
Bennett College and Pauline. Pauline Murray, the first African-American
woman to become an Episcopal priest, Isabela town on the first woman to
serve as mayor of a major North Carolina city native Dorset the first
African-American woman to serve as secretary of the state 's Department
of administration and Beverly Perdue, the state 's first female
lieutenant governor and governor. and whereas, despite the countless
contributions women have made and continue to make their ruling roles in
history have consistently been inadequate in the teaching and studying
up American history and whereas during women's history month. it is
important to commemorate the women who have helped expand the
opportunities of women such as Charlotte Hawkins Brown and educator,
author, and civil rights leader and whereas Charlotte Hawkins Brown was
born on June eleven eighteen eighty three in Henderson, North Carolina,
and grew up in Cambridge, Massachusetts after her family moved there in
eighteen eighty eight. and whereas in nineteen oh one, Charlotte Hawkins
Brown returned to North Carolina to serve as a teacher at the Bethany
Institute, which was run by the American missionary Association and
whereas in nineteen oh two, Charlotte Hawkins Brown established the area
's Freeman Palmer Memorial Institute in sedated, North Carolina, and
whereas Charlotte Hawkins Brown transform the school into a bullet you
may recognize your school that attracted students will cost the United
States and other countries, and where Asher Allen Hawkins Brown retired
in nineteen fifty two, knowing that she had helped to graduate over one
thousand students during Doctor D year to year as president, and died in
nineteen sixty one and whereas the palm of Memorial Institute closed in
nineteen seventy one and today serves as a state historic site and on
other contributions of African-Americans and women now therefore be it
resolved by the House of Representatives. section one. the House of
Representatives honors the memory of Charlotte Hawkins Brown expresses
his appreciation for her role in providing exceptional educational
opportunities for African-American women section through the House of
Representatives honors all the women name for this resolution for their
achievements and contributions to the state of North Carolina. section
three. the House of Representatives encourages the citizens of the state
to participate in activities that commemorate and honor women for their
invaluable contributions to our state and nation, and to learn more
about the significant roles women have played have had in the creation
of our history. during women's history month section four. this
resolution is effective upon adoption ladies recognize the right
resolution
[SPEAKER CHANGES]
thanking the speaker lazing down and the house. sometimes in life you
have to just sit there and not move the cost of history can be changed
and say, see, sometimes things get moving in history has changed so it
was with Rosa Parks and stay seated on the bus in Montgomery and our
actions around the world. the statue of justice him amazing courage was
unveiled in the United States Capitol. other times in life while sitting
under the circumstances of poverty, slavery and segregation expanding
one's horizons and making the kinds of connections that help embrace a
grand goal for improving people 's lives, especially children, is also
in knowledge sell it was the one that is highlighted in this resolution
today Charlotte Hawkins Brown always reminded herself that distant
possibilities can become reality and that way you start out in life as a
guitar man, how far you can go and it doesn't have to determine over
them, and the impact that you can make John Hawkins Brown was quoted as
saying. I said in a Jim Crow car, but my mind keeps company with the
Kings and Queens have no

taxi stand-up dust to settle me and my dance all its Allies we are
putting the best way to manage effectively-time gains in 1987 , is the
claim of his majesty, since it copies and celebrate not sell his own
which resulted in climb inside investigation of the things that we are
not as England and send the diseases in these is not always has and at
times it happens all-ages and help make this nation has stayed Wednesday
that he is not the same months the everyday and enough of me of Gary has
taken a daytime contributions in, and business at defense and education
cannot, in the state of the deaf in from the share of the packet, &
that many time in and out of the San Diego, sun bonds, was one of those
women ??haven, his enough, his jollity mountains and mountains brown was
an issue when a bomb and whitehead foundation, insistence that time,
that's not always finds the grip of scientists call 990-page at a 19 out
the name of the people of year, people city, as the last Monday's
release contains the animals out of cityhood of the school and became
known as the problem for us is that once they once the holidays, Japan,
school in the United States-end zone has not happened at the scene,
calls for injury isn't a house-positioned to think and act in a probe
and that the famous on a little hesitant in a hothead of students
exacted by not insulin fees in the daytime, have not had an opportunity
to tell at the ground with winter and family member is not my own family
time and it was seen at the school was she was an extraordinary vision
and educated applications for me by the end, it seemed as if the
committee as the dns and riled at the Grande the school has encouraged:
50-fifths, here Ellen, accusation for salads: China estimated that about
whether that scene as the salvation army of time that in the school and
identified in semi-SMS, video and, at the school and was passed down to
finance its anti-cancer was onsite, and the state lacks the enormous
demands: an interest as always, she was the final zones and languages
and believe that the holistic education 17th rage and not in she said
after having his best-educated at this late date, and a dozen delegation
of business. He's a shuttle flight times and not-in-hand that feeds at
night when he visits pass these concepts Riley Caulfield and the
blasters that is being as 1000, as it close the half-for-you -1970s
today and is out of his brown status: signed the only African American
states that site ?? of several of the data transfer encoding her knees,
we had colon, the U.S. and the time of the help that is enough of the
possession foundation and riled they said is that support from beyond
the cities in the plans-established his own site today in San Diego
Mining claims the time that has sent a city that has taken special bill
and his aides, finally healthy and 1985 as a gentle defiance and that's
it was one he was an estimation continues to that house that sits at the
hands of the threat of invasion more accidents that I may have been a ??
?? …………….

…which was part of the 58th district until the recent redistricting.
Dr. Brown’s work in education help move us along as a state, as a
nation, and her legacy along with so many other women, both across this
state and this nation made an indelible impression on our world. And,
so this month’s celebration hopefully will continue to uplift and
reinforce our children, to the men and to the young women in particular
to study the history, and to learn of the many significant contributions
that women have made, and to recognize that many of the rights that we
enjoy today were born out of struggle and sacrifice, of so many people
who came before us. I’m pleased that members of the house to recommend
the resolution to you.
SPEAKER CHANGES
Representative Michaux pleas state your purpose.
SPEAKER CHANGES
To speak on the resolution.
SPEAKER CHANGES
The gentleman is recognized to debate the resolution.
SPEAKER CHANGES
Mr. Speaker and ladies and gentleman of the house, during my lifetime
women have had a profound effect on what has happened to me in the past
and hopefully in the future. My mother who was a school teacher, had me
reading from Grimm’s fairy tales and Aesop’s fables by the time I was
four years old, and not only did she me to read but she taught me to
understand what I was reading. And then, my wife a few years has put up
with my shenanigans over the time including how I get up at three
o’clock in the morning to figure out what devilment that I can bring to
this body to keep you all on your toes. And then there is my daughter
who has a son here today who’s my grandson as a Paige. All of these
people have had a profound influence on my life, and I want to pay
particular- my wife really has had to put up with something much as
which as you all have had to put up with.
The person that I want to talk about a bit is the honoraree in this
resolution. My seatmate was right I knew Dr. Brown personally. In
1943, my mother and father decided I needed to be sent somewhere where I
can broaden my horizons other than staying in Durham. And they decided
to send me to Palmer Memorial Institute in Sedalia, North Carolina. And
I gladly accepted it, and I really took a loss but when I got to the
camp the first person I met was Dr. Brown.
Now, in describing her; Ernie Barnes who was an artist has a portrait of
a little ol’ African American woman standing at a bus stop with a bag of
groceries in her arms, and she does not have the figure of a Venus de
Milo nor, the smile of a Mona Lisa; but you can see in that person how
she could become what we call the “Rock of Ages”, and that’s the way Dr.
Brown was. She was short, dark, hair wasn’t straightest in the world,
but, and she wasn’t the most beautiful woman in the world, but there was
something about her that made you either like or dislike what you were
about to get into. Well, you have to understand also that she had a
resolve about her that indicated that she knew that you had the
potential to achieve what you really wanted to achieve in life.
And so I began my journey and my tutelage under Dr. Brown. Now, you
have to understand that what she did was that she- everything at that
school was done by the students. We ate in the dining hall family
style, we had tables about eight to a table; the students waited on
those tables, the students cleaned the building, they was the janitorial
force, and many of us who were doing those jobs were paid a grand sum of
five dollars a month. One of the things that happened to me was I got
to be the headwaiter in the dining hall. I really wanted it because it
paid ten dollars a month and it gave me the opportunity to wait on Dr.
Brown’s table whenever she came to the dining hall.
There are many, many stories, but one of the things that that school
did, is it opened my eyes to many, many things. One of the two
languages that was taught at that school was Latin and I took two years
of Latin and one thing out of Latin was one of the things all of us
learned was that Latin was a dead language….

327:
Speaker 1: xx had killed Robinson and now it is killing me. That was
what we learnt, the Illyad and the Odyssey. But Dr. Brown could wheedle
money out of you like nobody else could because he had to do it to keep
that school open. But all in all she taught us that we were somebody.
Despite of all the vicissitudes we xx during that time John Crowe and
all were there that we had an opportunity to succeed, where no others
had succeeded before. One of the things that I learnt when I got what we
call the palm of creed and it has remained with me all these years. It
was something like this, I have to live with myself and so I want myself
xxx to know . I want to be able as the days go by always to look myself
straight in the eye .I don’t want to stand with the setting sun and hate
myself for the things I have done. I don’t want to keep xx a lot of
secrets about myself. To myself as I come and go as nobody else should
know the kind of person I really am, I don’t want to dress up myself in
sham. As others may never see, no, I know others may never know. So
whatever happens I want to be self- respecting and conscience free. That
was what Dr. Brown taught me that would be the energy that she gave me,
that was what kept me going, through all problems before. I commend the
resolution to you.
Speaker changes: Representative Devries Ross please state your purpose.
Speaker changes: To speak on the resolution.
Speaker changes: The lady is recognized to speak on the resolution.
Speaker changes: Thank you Mr. Speaker just to add a little bit more to
the extraordinary history of North Carolina during Women’s History
Month, the only states in the country that has three different women as
Chief Justice of our Supreme Court. And as a matter of fact, Suzy Shroff
who is elected Chief Justice by 94 percent of the vote in 1974 was the
first female elected to be chief justice of the supreme court in the
United States. Since that we had Rhonda Williams chief justice of the
Supreme court for a short period of time and currently we have Sarah
Parker who is chief justice of our supreme court and that’s just a
little bit more of the history of some extraordinary women in North
Carolina and I commend the resolution to you.
Representative Brandel please state your purpose.
Speaker changes: To speak on the resolution.
Speaker changes: The gentleman is recognized to speak on the resolution.
Speaker changes: Well, I have come to learn about Sarah Hawkins Brown in
a very different way and it is kind of embarrassing because I live right
there and all my life I would pass by this place Sarah Hawkins Brown
and we were like, Oh! God, we don’t have to go there. And I didn’t know
what it was. I don’t know what it was and last year my aunt Kay told me
that she had been to school and she wanted me to . Still I did not know
what she was talking about when she said Palmer Institute that was not
on the plan. I did not know that was where I was going. And XX I asked
her what it was, she was like, ‘you don’t know, about the Palm
Institute, you don’t know. About Sarah Hawkins Brown had never heard of
it and immediately she made an appointment, the very next day for me to
go visit the school, and to learn about this lady named Sarah Hawkins
Brown .And I am so glad that I went because I think that I was scheduled
to be there for an hour, I spend all day there because I thought that
like I had a connection with this lady named Sarah Hawkins Brown.Up here
she was in the midst of the 1930s and the
NOTE: Problem with the audio.Please can it be reloaded, so that I may
complete this.

You will always have to fight for your dignity. And you can always do
that. And you can always do that. I fell in love with this lady that
day. And I commend this resolution to you. Thank you. [SPEAKER CHANGES]
Further discussion? Further debate? If not, the question before the
house. Is the adoption of house resolution 419. All in favor vote aye.
All opposed vote no. The clerk will open the vote. The clerk will lock
the machine and record the vote. 119 having vote in the affirmative and
none in the negative. House bill resolution 419 has been adopted.
Representative Mishode, did the chair get his math right? That when you
entered that institution you were 12 or 13 years old. [SPEAKER CHANGES]
I was 13 years old mr spreaker. [SPEAKER CHANGES] Resolution will be
ordered printed. Ladies and gentlemen of the house, the chair recognized
some familiar faces that may have come in after we recognized count
officials in the past. I believe i see mayor Trinity. Carlton Bowes, and
I see southern Mayor Jim Taylor for Mathews and all other town
officials. So the chair would once again like to extend a warm welcome
and I thank you for all the work that the mayors, town councilman and
staff do for our great cities. Please stand again and let us welcome
you. We're now gonna move to the calendar. House bill 191 the clerk will
read. [SPEAKER CHANGES] House bill 191. A bill to be entitled, an act of
moving, certain described properties from the corporate limits of the
town of Grifton. ?? North Carolina in act. [SPEAKER CHANGES]
Representative Brown, please state your purpose. [SPEAKER CHANGES] Speak
on the bill. [SPEAKER CHANGES] The house will come to order. The
gentlemen is recognized to debate the bill. [SPEAKER CHANGES] Thank you
Mr. Speaker. Ladies and gentlemen this is a very straight forward bill.
In 2006, the town of Grifton was dealing with one piece of property on
the outside of Grifton. The owner of the property went to the town of
Grifton, to ask for annexation because the property was looking to hold
a daycare center on that particular piece of property. In order to be
able to house a daycare center the health code said that it had to be
tied into a municipal sewer system. Unfortunately that daycare center
never came into fruition. The property was never tied into the municipal
sewer system. And therefore, the owner went back to the town of Grifton
in September of last year asking to be de-annex. The town board voted on
it, and it passed unanimously. And the town board, the town manager
actually brought this to me to provide this de-annexation. I ask for
your support with this bill. [SPEAKER CHANGES] Further discussion,
further debate. If not, the question before the house is the passage of
house bill 191 on its second reading. All those in favor will vote aye,
all those oppose will vote no. Clerk will open the vote. Clerk will lock
the machine and record the vote. 116 having vote in the affirmative and
none in the negative. House bill 191 is passed its second reading and as
the roll call bill will remain on the calendar. House bill 193 the clerk
will read. [SPEAKER CHANGES] Committee substitute for house bill 193. A
bill has been signed in act to expand the premisable uses of the local
Mehklabore county and city of Charlotte local taxes. ?? Senator of North
Carolina in acts. [SPEAKER CHANGES] Representative Samuelson please
state your purpose.[SPEAKER CHANGES] Speak on the bill.[SPEAKER CHANGES]
The lady is recognized to debate the bill.[SPEAKER CHANGES] Ladies and
gentlemen of the house, I only wish this bill was easy as the one
representative Brown just presented. While this is a local bill, it does
have statewide interest. But basically this is still a local bill. Our
city councilmen to ask us originally to consider a one cent tax in the
food and beverage tax in order to cover two new options that they would
like to spend money on. We have declined ..

To do the new tax but we would like to allow them to use their existing
tax for those same two purposes. There are no new taxes on this bill.
There is no new revenue, state or local. There are just two new options
for the Charlotte city council, who’s joined us here today to consider.
One of those options would be to consider funding for some improvements
to a stadium that is named Bank of America Stadium, otherwise known as
Panther Stadium. And secondly, to allow them to use some funding for
amateur sports. Once again, there’s no new taxes, there’s no new
revenue. It’s just new options for the local city council in Charlotte
to consider using the money they already have. I urge your support.
[SPEAKER CHANGES]
Representative Luebke, please state your purpose.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. To speak on the bill.
[SPEAKER CHANGES]
Gentleman is recognized to debate the resolution.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. I’ll be brief because I’ve already spoken twice
on this. Once in Government and once in Finance and my side didn’t
prevail in either place so I can read votes. But I will say this. I
think this is corporate welfare. This is welfare for the Carolina
Panthers at a time when we cannot afford as a General Assembly to be
doing this sort of thing. Now some would say, and my friend
Representative Samuelson said, well it’s not really a tax increase
because we’re just shifting around the uses of the Occupancy Tax. But
the fact of the matter is, if there weren’t an Occupancy Tax in place,
in order to help the Panthers there would have to be a new tax. So
there’s just a supplanting of money that otherwise would go to the
convention center, is now being shifted to the Panthers. The second
thing that I think is problematic, besides the fact that I don’t think
this state can afford to do what the bill does. Is that you’re taking
away the authority, if you look on page 2, it take away the authority of
the Visitors Bureau. And I can tell you from my years on the Finance
Committee as the Chair of Finance Committee that the Occupancy Taxes
have been requested by Visitor Bureaus in order to promote the town or
promote a particular action in the town, in the city. And as I
understand it as far back as 1989, the Charlotte Visitor’s Bureau asked
for an Occupancy Tax to build a convention center. Now, it’s being
shifted over tot eh Panthers and the question is being raised in Finance
Committee, well what if the convention center needs money? And I don’t
really know that there was a clear answer to that because the convention
center, the Visitors Bureau is basically out of the loop. If you read
the bill, it’s the city of Charlotte that’s now controlling the
Occupancy Tax. That’s not what occupancy taxes are supposed to be for.
So, for all those reasons, I think it’s welfare for a very profitable
outfit and I am going to vote against it and hopefully you will join me.
Thank you.
[SPEAKER CHANGES]
Further discussion, further debate? If not, the question before the
House is the passage of the House Committee Substitute to House Bill 193
on its second reading. All in favor will say aye.
[SPEAKER CHANGES]
Aye.
[SPEAKER CHANGES]
Let’s do that again. All in favor will say, it’s a local bill ladies and
gentlemen this is a voice vote. Here we go. All in favor will say aye.
[SPEAKER CHANGES]
Aye.
[SPEAKER CHANGES]
All opposed will say no.
[SPEAKER CHANGES]
No.
[SPEAKER CHANGES]
The ayes appear to have it. The ayes do have it. The House Committee
Substitute to House Bill 193 passes its second reading without
objection. It will be read a third time.
[SPEAKER CHANGES]
General Assembly of North Carolina enacts.
[SPEAKER CHANGES]
Further discussion, further debate? If not, the question before the
House is the passage of the House Committee Substitute to House Bill 193
on its third reading. All in favor will say aye.
[SPEAKER CHANGES]
Aye.
[SPEAKER CHANGES]
All opposed will say no. The ayes appear to have it. The ayes do have
it. The House Committee Substitute to House Bill 193 has passed its
third reading and will be sent to the Senate. House Bill 229, the clerk
will read.
[SPEAKER CHANGES]
Committee Substitute to House Bill 229, a bill to be entitled an act to
authorize the towns of Holden Beach and Ocean Isle Beach to accumulate
funds in a Capital Reserve Fund for the purpose of canal dredging and
maintenance for a period of 10 years. General Assembly of North
Carolina enacts.
[SPEAKER CHANGES]
Representative Iler, please state your purpose.
[SPEAKER CHANGES]
To explain the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. This is totally a pure local bill and there’s no
new taxes or fees involved. Holden Beach and Ocean Isle Beach have
canal subdivisions where the canals come off the inter-coastal waterway,
little finger way canals behind people’s homes and everyone has their
docks and boats and so forth behind their homes.

time some issues, which we tell them worse than in a situation and
restaurants within the day, the fact that you can't I'll be sending also
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management functions as the finest amenities are access lines from the
right 195 dollars extract the owners with an audience of sometime
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So I'll be voting no on this bill today, and would ask you to consider
my position.
[SPEAKER CHANGES]
Representative Cunningham please state your purpose.
[SPEAKER CHANGES]
I offer an amendment Mr. Speaker.
[SPEAKER CHANGES]
The lady is recognized as setting forth an amendment the Clerk will read
it.
[SPEAKER CHANGES]
Representative Cunningham moves to amend the bill on page 1 line 14 by
adding the following at the end of the line.
[SPEAKER CHANGES]
The lady is recognized to debate the amendment.
[SPEAKER CHANGES]
If you will look on your desk I passed out two pieces of literature to
support what I was referencing to on yesterday. If you flip on the
backside where it says American Association of Nurse Anesthetists and
you come down to the second, to the first paragraph at the end. It says
eleven researchers also stated that there is no evidence in the
scientific literature to suggest that anesthesia care is safer when a
nurse anesthetist is supervised by a physician. This study was done, and
also pointed out that people living in rural and other areas of the
United States where anesthesiologists often choose not to practice for
economic reasons. The safe and cost effective anesthesiology care
provided by nurse anesthetists has been a mainstay in these areas for
more than a hundred years, ensuring millions of patients have access to
surgical, obstetrical, trauma stabilization, and diagnostic procedures.
Now, what I was looking to do with the amendment was to exempt out rural
hospitals. What we reference to as CHX's which are critical access
hospitals and it is 23 total in the state of North Carolina. Possibly
anesthesiologists may not be in that area to supervise and in some cases
doctors do not want to supervise in these low areas where there's not a
high need for anesthesiologists or that service. Now there is not a
physical note in the general assembly. On that second document if you
look at table seven and it says delivery model and it says average
billed amount and it says the anesthesiologist only a thousand dollars?
And if you come down to the bottom. If you look and it says CNA only
that's a thousand dollars. It's not a significant difference in it, but
there are different models. Different models that you operate and you
would see a significant cost elevated for the physicians supervised. So
there is a cost even though there is not a physical note. I ask you to
please support the amendment. Thank you.
[SPEAKER CHANGES]
Representative Moore please state your purpose.
[SPEAKER CHANGES]
For motion.
[SPEAKER CHANGES]
The gentleman is recognized for a motion.
[SPEAKER CHANGES]
Mr. Speaker I would ask the chair to rule the amendment out of order as
being not being germane to the bill, and ask to be heard as to the basis
of that motion.
[SPEAKER CHANGES]
The gentleman is recognized to debate the motion.
[SPEAKER CHANGES]
Mr. Speaker if you read the amendment to this bill what you have to look
at what the current bill does. The current bill does is codify existing
law. What this proposed amendment would do would be to change existing
law which goes beyond the scope of the bill, frankly, I would think
almost really a title change would be in order to do this, but
regardless I would ask that Mr. Speaker the amendment be ruled out or
order.
[SPEAKER CHANGES]
???
[SPEAKER CHANGES]
Representative Moore the ??? understands the gentleman wishes to
withdraw the motion.
[SPEAKER CHANGES]
I withdraw the motion with the understanding that the member is going to
withdraw her amendment. Yes.
[SPEAKER CHANGES]
Representative Cunningham please state your purpose.
[SPEAKER CHANGES]
At this current time I wish to withdraw the amendment at this moment for
us to look at it further. Thank you.
[SPEAKER CHANGES]
Thank objection so ordered. We are now back on the bill. Further
discussion. Further debate. If not the question before the House is the
passage of the House Committee Substitute to House Bill 181 on its third
reading. All those in favor will vote "Aye" all those opposed
vote "No." The Clerk will open the vote. The clerk ??? machine
will record the vote. 89 having voted in the affirmative and 27 in the
negative the House Committee Substitute Bill to House Bill 181 has
passed its third reading and will be sent to the Senate. House Bill 243.
The Clerk will read. If the Clerk will yield. Representative Stevens
please state your purpose.
[SPEAKER CHANGES]
I want to be heard on a motion. Mr. Speaker.
[SPEAKER CHANGES]
The lady is recognized for a motion.
[SPEAKER CHANGES]
I would move that we take house Bill 243 and continue it till next
Tuesday on third reading.
[SPEAKER CHANGES]
Without objection so ordered.

Now for case 3 on the calendar, House bill 170, the clerk will read it
[speaker changes]
Committee substitute for House bill 170, the bill entitled An Act to
hearten insurance to enforce certain provisions of the Public Health
Service Act by requiring insurance companies to comply with those
provisions within this state. The General Assembly of North Carolina
enacts. [speaker changes]
Representative Brawley, please state your purpose [speaker changes]
To speak on the bill. [speaker changes]
The gentleman is recognized to debate the bill [speaker changes]
Thank you, Mr. Speaker, Ladies and Gentlemen. House bill 170 deals with
the Public Health Service Act, which we all know is the Affordable
Healthcare Act. It is federal law. We're going to be obeying it whether
we pass the bill or not. The issue in the bill is by passing this bill,
we put the North Carolina Department of Insurance in control of settling
claims, settling issues and disputes on the laws in the Affordable Care
Act. If we don't pass the bill, then the Secretary of the Federal
Department of Health and Human Services will enforce the provisions in
the state and there's on your desk, there are four states they've
already sent the folks in to set up regulations in addition to their own
Department of Insurance, handling any issues dealing with the Affordable
Care Act. I encourage your support for the bill. We said we'd obey the
Constitution. This simply puts us obeying the Constitution and enforcing
the laws in North Carolina rather than letting the federal government
come in and do it for us. Thank you. [speaker changes]
Further discussion, further debate. If not, the question before the
House is the passage of House Committee substitute to House Bill 170 on
its second reading. All in favor vote aye. All opposed vote no. The
clerk will open the vote. All members wishing to record, please do so at
this time. The clerk will let the machine record the vote. 115 having
voted in the affirmative and 2 in the negative, the House committee
substitute to House bill 170 has passed its second reading, and without
objection, will be read a third time. [speaker changes]
The General Assembly of North Carolina enacts. [speaker changes]
Further discussion, further debate. If not, the question before the
House is the passage of House Committee substitute for House Bill 170 on
its third reading. All in favor say aye. All opposed say no.The aye's
have it. The House Committee substitute for House bill 170 has passed
its third reading. it will be sent to the Senate. Senate bill 20. The
clerk will read it .[speaker changes]
House Committee substitute for Senate bill 20, a bill entitled An Act to
provide limited immunity from prosecution for certain drug related
offenses committed by an individual who seeks medical assistance for a
person experiencing a drug-related overdose and certain drug-related
offenses committed by an individual experiencing drug-related overdose
and in need of medical assistance and to provide immunity to civil and
criminal liability for practitioners who prescribe an opiate antagonist
to certain third parties and to certain individuals who administer an
opiate antagonist to persons experiencing a drug-related overdose. The
General Assembly of North Carolina enacts. [speaker changes]
Representative Murray,. please state your purpose [speaker changes]
To debate the bill [speaker changes]
The gentleman is recognized to debate the bill [speaker changes] `
Thank you Mr. Speaker. This bill addresses a situation to allow certain
situations when there's an overdose of a person. It allows them to get
administered Naloxone. Naloxone is an opioid antagonist. So we're
talking about drugs that when you overdose on things like Oxycotin,
Oxycodone, Vicotin, Hydrocodone, those opioids, taking Nalaxone
instantly bumps those opioids off their opioid receptors, and can save
the patient's life. We've also added in this legislation if in a
situation a couple kids, one of them overdoses, the other kid picks the
kid up and runs him to the emergency room, and they happen to have drugs
on their person, it allows them to not get prosecuted for bringing their
friend and trying to save their life - in limited amounts. It just
basically encourages kids to help their friends get access to care
instead of letting them stop breathing and die of opioid overdose.
that's the intent of the legislation. Hence the Good Samaritan language.
I believe Representative Pricey Harrison has an amendment, which I have
no problem with the amendment. I'll let her explain it, but I'd
appreciate your support and I'll gladly answer any questions about
opioid antagonists. [speaker changes]
Ladies and Gentlemen

Before we continue and recognize Representative Harrison, the Chair
would like to recognize and thank the doctor of the day. The doctor of
the day is Larry Lawrence from Morehad City. Doctor Lawrence, thank you
for your service to the House. Representative Harrison, please state
your purpose. [SPEAKER CHANGES] To send for an amendment. [SPEAKER
CHANGES] The lady is recognized to send forth an amendment. The clerk
will read. [SPEAKER CHANGES] Representative Harrison moves to amend the
bill on page 1 line 7 by deleting the word "and" and on page
one line 11 "by". [SPEAKER CHANGES] The lady is recognized to
debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies
and gentlemen of the house, as Representative Murry mentioned, This
amendment would add similar immunity for under-age individuals where one
person might be involved in alcohol poisoning and a companion or friend
wants to bring that individual in for medical treatment. This will just
give immunity to that individual who might not otherwise be subjected to
our alcohol laws relating to consumption and possession under the age of
21. It does, unfortunately, change the title because it includes this
provision on alcohol-related emergencies. But I'm not aware of any
opposition, and I would appreciate your support. Thank you. [SPEAKER
CHANGES] Further discussion, further debate on the amendment. If not,
the question before the house is the passage of the amendment sent forth
by Representative Harrison for the House committee substitute for Senate
bill 20. All is in favor will vote "Aye". All is opposed, vote
"No". The Clerk will open the vote. All members wishing to
record, please do so at this time. Clerk will opt to machine record the
vote. 113 having voted in the affirmative and 5 in the negative, the
amendment passes. We're now back on the bill. Representative Duane Hall,
please state your purpose. [SPEAKER CHANGES] Mr. Speaker, I was in the
chamber but did not get back in my seat in time for House bill 181. I'd
like to be recorded as a "No" vote on that, please. [SPEAKER
CHANGES] The gentleman will be recorded as having voted "No".
Representative Brandon, please state your purpose. [SPEAKER CHANGES] Ask
the bill's sponsor a question, please. [SPEAKER CHANGES] Representative
Murry, does the gentleman yield? [SPEAKER CHANGES] I yield. [SPEAKER
CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you, Mr. Chair.
Representative Murry, I just wanted make clear because I have not had a
chance to read the whole bill. But, when you clarify, is this for just
folks that, now that we've made the amendment, that are on opiates and
alcohol, or is this all drug-related offenses? I'm confused on what's
allowable and not what's allowable. [SPEAKER CHANGES] Certainly. In
Section 1 of the legislation, the limited immunity applies to
misdemeanor drugs, misdemeanor possession as defined in the general
statutes, felony - There's definitions of possession of less than one
gram of cocaine, less than one gram of heroin, and various subsections.
So, within the general statutes, we define what limits you can possess
to have a max min type crime situation. And so this would allow immunity
for people with that minor small amounts of possession who happen to
bring someone in in an overdose situation to be immune from prosecution.
And it's defined in Section 1. It's less than a gram of cocaine, less
than a gram of heroine, and various other, I think it's based on the
number of pills that they might have in their possession. It's not what
you would consider a dealer coming in with a backpack full of heroin or
a backpack full of cocaine. It's a much smaller possession. [SPEAKER
CHANGES] ?? I got that. ?? [SPEAKER CHANGES] Representative Faircloth,
please state your purpose. [SPEAKER CHANGES] To send forth an amendment.
[SPEAKER CHANGES] The gentleman is recognized to send forth an
amendment. The clerk will read. [SPEAKER CHANGES] Representative
Faircloth moves to amend the bill on page 1, lines 22 and 23 by removing
the following. [SPEAKER CHANGES] The gentleman is recognized to debate
the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. This bill
originally was filed by Senator Bingham. The North Carolina Chiefs
Association had a problem with the language on line 21 if you happen to
have the bill in front of you. It reads, "A person acting in good
faith who seeks medical assistance or and individual experiencing a
drug-related overdose and who did not physically supply the

...to the person experiencing the drug related overdose, to not be
prosecuted, etcetera. That's the protection for the person who is, let's
says, two students are in a dorm room and they indulge in some small
amount of drugs and one of them gets too much and it becomes an overdose
and they begin to have symptoms and the other one chooses to call for
help for them, which could certainly save their life, then that person
calling for help will not be prosecuted for the small amount of drugs,
less than a gram. Again, as I said before, if it were a backpack, that
would change the whole thing. The chief felt that that wording should be
changed and the part that said “and who did not physically supply the
drugs to the person experiencing the drug related overdose” was added in
there at the request of the Chief Association. Now, in talking to the
chief yesterday, and talking with Senator Bingham and talking with
others who are concerned about this real problem of overdose being so
dangerous, the chiefs then agreed to remove that piece that was put in
there for them. What my amendment does is move the language back to what
it originally was and it will now read “a person acting in good faith
who seeks medical assistance for an individual experiencing a drug
related overdose, shall not be prosecuted, etcetera. It takes out that
language that was put in there that would have held that student in that
room who made that call, responsible if he was found with a small amount
of drugs. It's more important to save lives than it is to worry about
arresting someone for a minor amount of drugs. I encourage you to
support the amendment.
[SPEAKER CHANGES] Further discussion, further debate on the amendment.
Representative Murray, please state your purpose.
[SPEAKER CHANGES] I would just ask that you support the amendment
offered by Representative Faircloth.
[SPEAKER CHANGES] Further discussion, further debate on the amendment?
If not, the question before the House is the passage of the amendment
sent forth by Representative Faircloth to the House Committee Substitute
for Senate Bill 20. All those in favor vote aye. All oppose, vote no.
The clerk will open the vote. All members wishing to record, please do
so at this time. The clerk will lock machine and record the vote. 117
having voted the affirmative and 1 in the negative. The amendment
passes. We're back on the bill Representative Davis, please state your
purpose.
[SPEAKER CHANGES] Ask the bill sponsor a question.
[SPEAKER CHANGES] Representative Murray, does the gentleman yield?
[SPEAKER CHANGES] I certainly yield.
[SPEAKER CHANGES] The gentleman yields.
[SPEAKER CHANGES] Thank you. Could you please tell me if either law
enforcement or the district attorneys weighed in on this as far as favor
or disfavor on the bill, please.
[SPEAKER CHANGES] They have weighed in. This is a Senate bill that came
over so there were a couple of committee hearings all through the
process and through J committee and I know they worked with
Representative Faircloth on certain issues as well so there's has been
plenty of input. This is, by the way, this legislation, I forgot to
mention, and this might help to answer your question as well, this is
one of the recommendations from the child fatality task force. This is a
recommended legislation that came out of there and it's part of their
Lazarus project to help address opiate overdoses. This has been
relatively vetted over during the interim so there has been plenty of
input from the stake holders on this legislation.
[SPEAKER CHANGES] Thank you.
[SPEAKER CHANGES] Representative Faircloth, please state your purpose.
[SPEAKER CHANGES] To speak on the bill.
[SPEAKER CHANGES] The gentleman is recognized to speak on the bill as
amended.
[SPEAKER CHANGES] Just for information, this bill...or it is now
supported by the Chief Association and also the Sheriff’s Association
and I urge you to support the bill.
[SPEAKER CHANGES] Further discussion, further debate. Representative
Lucas, please state your purpose.
[SPEAKER CHANGES] Inquiry of the sponsor.
[SPEAKER CHANGES] Representative Murray, does the gentleman yield?
[SPEAKER CHANGES] Yes, I yield.
[SPEAKER CHANGES] The gentleman yields.
[SPEAKER CHANGES] Thank you, Representative Murray. I support the
concept but I need to ask a question. Are we, in fact, condoning an
illegal activity when we support this bill?
[SPEAKER CHANGES] I would say we are condoning saving lives by
encouraging people to seek treatment when it's available instead of
being fearful of criminal prosecution in limited circumstances. We want
to make that sure that instead of instilling a culture of fear in this
situation, we want to instill a culture of saving lives.

and so without fear of prosecution. I think that's the ultimate goal of
the bill. We don't want to reward bad behavior and encourage people to
get overdoses, but at the same time if you're in an overdose situation
and we can save that kid's life and I think we should do that without
fear of criminal prosecution for limited possession amounts. And I can
tell you, prescription drug abuse is a big issue for students, and Rep.
Hamilton and I are sponsoring a study on prescription drug abuse, and I
think it's something we really need to look at in a broader context.
But in the short time, if we can help save lives with this legislation,
then I think that's what we should focus on.
[SPEAKER CHANGES] Further discussion, further debate? If not, the
question before this House is passage of the House committee substitute
to Senate Bill 20 as amended on its second reading. All those in favor
vote Aye. All those opposed vote No. The Clerk will open the vote.
[PAUSE]
The Clerk will lock the machine and record the vote. One hundred
fourteen having voted in the affirmative and four in the negative, the
House committee substitute to Senate Bill 20 as amended has passed its
second reading. It will remain of the calendar due to the amendment sent
forth by Rep. Harrison. Senate Bill 33: The Clerk will read.
[SPEAKER CHANGES] House committee substitute to Senate Bill 33: A bill
to entitled "An Act to require licensing boards to consider certain
factors before denying licenses to applicants with criminal records as
required by the Joint Legislative/Administrative Procedural Oversight
Committee." The General Assembly of North Carolina enacts.
[SPEAKER CHANGES] Rep. Stevens, please state your purpose.
[SPEAKER CHANGES] As the title suggested, this came to us from the
adminis --
[SPEAKER CHANGES] The lady is recognized to debate the bill.
[SPEAKER CHANGES] Thank you, Mr. Speaker. This came to us from the
Legislative Oversight Committee on Administrative Procedures, and what
it does is say that the fact that you have a criminal record will not
automatically be grounds to bar you from getting a license to practice
various professions. It can be a factor, but there are like seven things
set out that board should consider. There is a provision that in the
event there are certain crimes or we can't have criminals in certain
professions, we'll put that within their licensing statute. But for the
overall purpose, just because you have a criminal record doesn't mean
that you can't be licensed. They're to consider the age at which the
offense occurred, what you've done since that time, how it affects your
ability to perform this particular job, and the length of time. So
they'll simply consider those things. We'd ask for your support.
[SPEAKER CHANGES] Rep. Stevens, the Chair understands you may an
amendment? Is that amendment withdrawn?
[SPEAKER CHANGES] We need to send forth an amendment. I believe
amendment has to do with an effective date.
[SPEAKER CHANGES] Rep. Stevens is recognized to send for an amendment.
The Clerk will read.
[SPEAKER CHANGES] Rep. Stevens moves to amend the bill on Page 2, Line
7, by re-writing the line to read --
[Clerk's reading skipped.]
[SPEAKER CHANGES] The lady is recognized to debate the amendment.
[SPEAKER CHANGES] Thank you, Mr. Speaker.
[SPEAKER CHANGES] All the amendment does is say that the act will be
effective on July 3, 2013, and applies to anybody who applies for
licensure after that date. The Senate just forgot to put in a date. And
I ask for you to support the amendment.
[SPEAKER CHANGES] Further discussion, further debate on the amendment.
If not, the question before the House is the passage of the amendment to
the House committee substitute to Senate Bill 33. All those in favor
will vote Aye. All opposed vote No. The Clerk will open the vote.
[SPEAKER CHANGES] The Clerk lock the machine and record the vote. One
hundred eighteen having voted in the affirmative and none in the
negative, the amendment passes. We are now back on the bill as amended.
Rep. Brandon, please state your purpose.
[SPEAKER CHANGES] To speak on the bill.
[SPEAKER CHANGES] The gentleman is recognized to debate the bill.
[SPEAKER CHANGES] Well, I couldn’t let this opportunity go by without
first of all saying I love this bill in terms of the message, and I just
want to make sure that everybody understands that the same thing that
w'ere doing for these commission is the same thing for all regular
citizens across the state of North Carolina by making sure that we don't
allow that your mistakes in your past become a curse for you for the
rest of your life. And surely if we can do it for commissions that are
running the boards of North Carolina, surely our citizens can be
afforded this same opportunity and respect. Thank you.
[SPEAKER CHANGES] Further discussion, further debate? If not, the
question before the House is the passage of the Senate committee [CUTS
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subcommittee A and refer to the committee on banking.
[SPEAKER CHANGES]
Without objection? So ordered. Representative Hastings, please state
your purpose.
[SPEAKER CHANGES]
Mr. Speaker, if it pleases the speaker just a brief moment of personal
privilege.
[SPEAKER CHANGES]
The gentleman is recognized for point of personal privilege. The House
will come to order.
[SPEAKER CHANGES]
Mr. Speaker, I just wanted our body to officially recognize the
deployment of our North Carolina National Guard's 630th Combat
Sustainment Support Battalion. They are being mobilized, and they will
be involved in support of a treaty of peace which involves the peace
treaty between Egypt and Israel, and I just wanted to formally recognize
their deployment, Mr. Speaker.
[SPEAKER CHANGES]
Representative Tine, please state your purpose.
[SPEAKER CHANGES]
To be recognized for a point of personal privilege.
[SPEAKER CHANGES]
The gentleman is recognized for a point of personal privilege.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. I just wanted to thank you all very much.
Several of you have reached out over the last couple of days. For those
of you that don't know, my son Jack has been in the hospital for the
last- since Sunday with a staph infection. He is out today. Everything
is good. We have him at home, and I just wanted to thank you for your
prayers and thoughts.
[SPEAKER CHANGES]
Representative Stone, please state your purpose.
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
The committee on government will meet tomorrow at 643- room 643, and we
have a full schedule, so please be on time. Thank you.
[SPEAKER CHANGES]
Representative Moffitt, please state your purpose.
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. Members, the sportsman's caucus in conjunction
with the Wildlife Federation and the Land for Tomorrow will be hosting a
reception at 5:30 at the North Carolina Museum of History. Like to see
you there. Thank you.
[SPEAKER CHANGES]
Representative Saine, please state your purpose.
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. The House committee on appropriation
subcommittee on information technology will meet in the morning at 10
AM. It's a paperless committee, and the agenda is online. Thank you.
[SPEAKER CHANGES]
Representative Carney, please state your purpose.
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The lady is recognized.
[SPEAKER CHANGES]
The county caucus will meet tomorrow morning in room 425 at 7:45.
[SPEAKER CHANGES]
Representative Starnes, please state your purpose.
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
The Republicans will caucus at 4:00 in the auditorium.
[SPEAKER CHANGES]
Further notices and announcements. Representative Moore is recognized.
[SPEAKER CHANGES]
Mr. Speaker, subject to the receipt of committee reports and re-referral
of bills and resolutions, I move that the House do now adjourn to
reconvene at 12 noon on Thursday, March 28th, 2013.
[SPEAKER CHANGES]
Representative Moore moves, seconded by Representative Adams, subject to
the receipt of committee reports and re-referral of bills, that the
House do now adjourn to reconvene on Thursday, March 28th at 12 PM.
All those in favor say aye. Opposed say no. The ayes have it. The
House stands adjourned.